DMCA takedown abuse

Posted By: dhthwy ()
Posted On: 2008-Mar-07 14:56

Have any of you guys been on the receiving end of a frivolous DMCA takedown?

I find it to be ripe for abuse. Using fake information you can take down a competitors website simply by filing a DMCA complaint to the search engines.

I have a friend that's being threatened with DMCA because she is pointing a text link to another person's website's homepage. Since this link points to the owner of the website threatening DMCA she does not violate any DMCA law. That's like pointing a link to microsoft.com and Microsoft claiming you're infringing on their copyright by pointing a link to them. Seems silly to me because the internet is a public place and you're free to point links to whichever websites you choose as long as said website doesn't violate someone else's copyright.

I wonder if any of the search engine's actually investigate any complaints before taking a site down. I advised her just to keep the link there if she wants it, for reasons based on principle. I think my friend is in for a fat lawsuit against the other party if any DMCAs are filed.



Posted By: Quadrille ()
Posted On: 2008-Mar-07 15:57

The major SEs won't act without a statement made on penalty ofperjury. So a false claimant could be in deep sh*t.

I'm sure they happen - but they'd be rare. Probably just a threat.

And the SEs DO investigate, so far as they can - but as it's often one person's word against another, they take sworn statements and leave the courts to have the final word.